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Legalities of the divorce

“When I went through my divorce I felt like my world was ending,” recalls Justine Likachane, a Clientèle Legal client. “I felt confused and helpless. My Clientèle Legal policy made all the difference. Clientèle Legal protected me emotionally and financially.”

“The breakup of a marriage can be an emotionally scarring and a financially life-changing event,” says Morne Sauer from Clientèle Legal. “Where possible, we advise the couple to reach a settlement and agree to an uncontested divorce. Uncontested divorces are simpler, cheaper and can be finalised quicker. When spouses cannot reach an agreement in a contested divorce, the courts must make a decision on their behalf. It becomes a costly to and fro legal conflict, and often both sides lose something.”

Sauer says Clientèle Legal handles a large number of uncontested divorces every year and are specialists in dealing with South African circumstances, including customary marriages. The following factors are considered when drawing up a settlement agreement between you and your spouse: division of assets, division and share of pension funds, custody, care and maintenance of minor children and maintenance of the spouse.

“It can be helpful to have a lawyer who concentrates on the legalities of the divorce, while looking after the emotional wellbeing of your family and yourself.”

Lichakane agrees that having a lawyer available made all the difference. “They were very professional and compassionate and helped me every step of the way. My lawyer even accompanied me to court and the matter was settled. I cannot recommend them highly enough.”

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